Harassment and Discrimination of Students
It is the policy of
the North Georgia Technical College that all students shall be
provided an environment free of unlawful harassment (including
sexual harassment) and intimidation.
students are expressly prohibited from engaging in any
form of harassing behavior or conduct.
student who has engaged in harassing behavior or
conduct will be subject to disciplinary action, up to and
students are encouraged to report any act of unlawful
harassment, discrimination, retaliation and/or intimidation.
Reports will be treated in an expeditious and confidential
College will not tolerate retaliation for having filed a good
faith harassment and/or discrimination complaint or for having
provided any information in an investigation. Any student who
retaliates against a complainant or witness in an
investigation will be subject to disciplinary action, up to
and including expulsion.
who knowingly makes a false charge of harassment /
discrimination or retaliation, or any student who is
untruthful during an investigation is guilty of misconduct and
may be subject to disciplinary action, up to and including
dismissal or expulsion.
This procedure shall uniformly apply to all students at North
Georgia Technical College. This procedure applies to all
interactions between staff and students, and between students,
whether or not the interaction occurs during class or on or off
For purposes of this procedure, the words listed below are defined
Unlawful Harassment (Other Than Sexual Harassment):
Verbal or physical conduct that disparages or shows hostility or
aversion toward an individual because of that person’s race,
color, religion, gender, national origin, age, or disability.
Harassment does one or more of the following:
Has the purpose or effect of creating an intimidating,
hostile or offensive academic or work environment; or
Has the purpose or effect of unreasonably interfering
with an individual's academic or work performance.
Examples of Unlawfully Harassing
Conduct or Behavior (Other Than Sexual Harassment):
Harassing conduct or behavior includes, but is not limited to,
epithets, slurs, negative stereotyping, or threatening,
intimidating or hostile acts that relate to race, color,
religion, gender, national origin, age or disability. This
includes jokes or pranks that are hostile or demeaning with
regard to race, color, religion, gender, national origin, age
or disability. Harassing conduct may also include written or
graphic material that disparages or shows hostility or
aversion toward an individual or group because of race, color,
religion, gender, national origin, age, or disability, and
that is displayed on walls, bulletin boards, computers, or
other locations, or circulated in the work place. This is a representative list of
harassing conduct or behavior and is not intended to be
Sexual Harassment (a form of unlawful harassment):
Sexual harassment is defined as unwelcome sexual advances,
unwelcome requests for sexual favors, and other unwelcome verbal,
written, electronic or physical conduct of a sexual nature when:
Submission to such conduct is made, either explicitly or
implicitly, a term or condition of an individual’s
Submission to, or rejection of, such conduct by an individual is
used as the basis for education decisions affecting such
Such conduct has the purpose or effect of unreasonably
interfering with an individual’s academic performance or creating an
intimidating, hostile or offensive environment.
Examples of Sexually Harassing Conduct or Behavior:
Sexually harassing conduct or behavior (regardless of the gender
of the persons involved) includes:
Sexual comments of a provocative or
Suggestive looks or gestures;
Jokes, printed material or innuendoes;
Making acceptance of unwelcome sexual
conduct, advances, or requests for sexual favors of any nature
a condition for employment, employment decisions, or continued
employment (pressure for sexual favors).
This is a representative list of harassing
conduct or behavior and is not intended to be exhaustive.
Discrimination: The denial of benefits or
admission to the College or to any of its programs or activities,
either academic or non-academic, curricular, or extra-curricular,
political affiliation, or handicap and disability.
Unfavorable action taken, unfavorable
condition created, or other action taken by a student or employee
for the purpose of intimidation that is directed toward a student
because the student initiated an allegation of unlawful
harassment/retaliation or who participates in an investigation.
The President of NGTC.
Resources Director: The person holding the
position of Human Resources Director at NGTC or that person’s
The person at NGTC who is responsible for
the investigation of unlawful harassment/retaliation complaints.
The person designated by the
President to conduct investigations.
Intimate Parts of the Body:
Intimate parts of the body mean the primary genital area, anus,
groin, inner thighs, or buttocks of a male or female and the
breasts of a female.
Commission's Statement Prohibiting
Unlawful Harassment and Discrimination
he Commissioner's Statement Prohibiting Unlawful
Harassment and Discrimination should be permanently displayed on
official bulletin boards at NGTC.
Instructors/administrators must take on-going proactive steps
to ensure their classrooms are free from any type of unlawful
Any employee, student, contractor, or volunteer who has any
questions concerning this procedure should direct those questions
to the Executive Director, Legal Services at (404) 670-1605, Human
Resources Director at (404) 327-6927, or the Deputy Commissioner at
Reporting and Management Action
All students are
required to report events of unlawful harassment, discrimination,
and/or unlawful retaliation against themselves or others. A
student may attempt to resolve any issue arising under this policy
Allegations or suspicions of
unlawful retaliation may be reported by the
complainant to any college employee, the office of that President
of NGTC, the office of the Vice President for Student Affairs of
NGTC, TCSG Legal Services at (404)679-1605, the
TCSGCommissioner’s Office at (404)679-1601, the TCSG Deputy Commissioner’s
Office at (404)679-1706, or email at
Such reports can initially be expressed in writing, by telephone,
or in person; however, the report will ultimately be required to
be in writing.
allegation is made to an employee, that employee shall report the
allegation to the President of NGTC, or his designee, as soon as
possible, not to exceed 48 hours.
Instructors/administrators who have
reason to believe that unlawful harassment, discrimination
and/or retaliation may
shall immediately inform their President or one of the persons
listed above in 1(a).
individual should keep the information
confidential unless release is approved, or unless final action
has been approved pursuant to this procedure.
may suspend, transfer,
or reassign personnel or students involved in order to prevent
possible further harassment, discrimination, retaliation or to
facilitate the investigation. In emergency situations of a severe
nature, a President or their designee may take appropriate actions
to protect the complainant/alleged victim and/or to deter the
alleged violator from any further harassment of the
complainant/alleged victim. If the alleged harasser is an
employee, the President shall report all actions of this nature
and any subsequent change in status or assignment to the Human
authorized by the Commissioner in writing, no disciplinary action
shall be taken against the alleged violator until an investigation
has been completed, a written report has been issued and action
has been taken in accordance with this procedure.
of unlawful harassment, discrimination, or retaliation may be
referred by the President, the Executive Director, Legal Services
for investigation by the Compliance Officer.
investigations by the Compliance Officer may be done in conjunction
with the local investigator at the President's request.
Officer/Local Investigator shall notify the President of the
complaint and the pending investigation, unless otherwise directed
by the Commissioner.
of unlawful harassment, discrimination or unlawful retaliation
shall be investigated thoroughly. Any President or local
investigator is encouraged to consult with the Compliance Officer,
Human Resources Director or Executive Director, Legal
Services with any questions or concerns.
If a complaint does
not specify facts sufficient to allege unlawful harassment or
retaliation as prohibited by this procedure, the local
investigator may determine that the allegations shall not be
investigated. This will be done with joint approval by the local
investigator and the President.
This decision will be made within 5 business days of receiving the
complaint. Immediately following the decision, notice will be
given to the complainant, and the complainant shall have the same
rights of appeal as set forth in part V.E of this procedure.
complaint is investigated, the
investigation shall commence with 5 business days of receipt of
Investigations will be conducted by gathering relevant information
and interviewing appropriate witnesses. All witnesses provided
by the complainant will be interviewed.
from initial complaint to completed investigation should take no
longer than 60 days. If additional time is needed, the
complainant will be informed.
investigator/Compliance Office who conducts the investigation will
present facts in a written report to the President.
the unlawful harassment,
discrimination, or retaliation of students will be processed and
handled confidentially to the extent permitted by la
Review and Disposition
reviewing the final report, the President shall make a
recommendation, based on a preponderance of the evidence, as
to whether the facts support a finding that unlawful harassment,
discrimination, or unlawful retaliation has occurred.
The President shall make this recommendation with 5 business days
of receipt of the completed investigation.
recommendation is that the facts
support a finding of unlawful
harassment, discrimination or unlawful retaliation, and it is
determined that no action should be taken, the matter can be
is that the facts do support a finding of unlawful
harassment, discrimination, unlawful retaliation or a policy violation, appropriate
sanctions will be recommended and taken pursuant to the applicable
disciplinary procedure (either student or employee).
investigator will provide written notice to the complaining party and subject
that the investigation is complete. Notice should be given within
5 business days, provided that if a disciplinary action is to be
initiated, no parties will be notified until all disciplinary
actions are served.
Appeal by Complainant
complainant wishes to appeal the
recommendation by the President that the facts do not support a
finding of unlawful harassment and/or discrimination, the
complainant may do so in writing within 5 business days of
receiving notice of the President's recommendation.
must send the appeal by regular mail, facsimile, or email to the
Executive Director, Legal Services
1800 Century Place NE, Suite 400
Atlanta, GA 30345-4304
Director of Legal Services will convene a diverse committee of at
least three persons to review the investigative file to determine
whether there are sufficient facts to support a finding of
unlawful harassment/ retaliation/ discrimination.
If the facts do
support a finding of unlawful harassment/
retaliation/discrimination, appropriate sanctions will be taken
pursuant to the applicable disciplinary procedure.
facts do not
support a finding of unlawful harassment/ retaliation/
discrimination, the matter will be closed.
Executive Director of Legal Services
will provide written notice to the complaining party and subject
of the investigation within 15 business days of the receipt of the
appeal by the Executive Director of Legal Services.
Documents relating to formal complaints including investigations,
dispositions and the complaint itself shall be held for 5 years
after the graduation of the student or the date of the student's
Georgia Department Of Technical and Adult Education
Commissioner’s Statement Prohibiting Unlawful Harassment
Employee Acknowledgment Statement - Retain permanently in
the official and local personnel file.
Supervisor Acknowledgment Statement - Retain permanently
in the official and local personnel file.
Investigative Files Shall Be Retained for 4 years after
the close of the investigation and any adverse action
All student complaints of harassment and/or discrimination are recorded in the student complaint log,
which is maintained by the office of the Vice President for
Student Affairs. The complaint log is reviewed annually by the
Vice President in order to identify trends and address recurring
problems. The Vice President discusses his or her findings
with the Executive Team, which includes the President and all Vice
Presidents. If trends are identified, the Executive Team
develops action plans to address the problems. The
appropriate Vice President is responsible for insuring continuous
compliance of any procedure or policy change.
Title IX of the Education Amendments of 1972
Titles VI and VII of the Civil Rights Act of 1964
Age Discrimination Act of 1975
Section 504 of the Rehabilitation Act of 1973
Americans with Disabilities Act of 1990
III. A. 1. Unlawful Harassment of Staff
Revised and approved:
September 6, 2011, July 2012
Code: Staff Harassment Procedure
NORTH GEORGIA TECHNICAL COLLEGE